Bloomington’s annexation quest is back in the news – the state Supreme Court will hear arguments Oct. 30.
It’s one of two cases that’s moving through the appeals process. So far, the courts have ruled against the city.
Supreme Court Constitutionality Case
This case deals with remonstrance waivers in Areas 1C, 2, 3, 4, and 5. The waivers are agreements in which property owners gave up their right to oppose annexation in exchange for city services, such as sewer and water.
State law allows 65 percent of residents in an area to file petition signatures to void annexation.
Five of those seven areas successfully filed enough remonstrance petitions to stop annexation, but that was after the state voided waivers older than 15 years. Previously, the waivers did not expire.
Counting all the waivers makes a big difference. It would allow all but two areas to be annexed.
The city took the case to court, but the judge said the state may withhold, grant or withdraw powers as it sees fit and that the city waited too long to act on the waivers.
Appeals Statutory Requirements Case
The other case has a hearing Tuesday with the state court of appeals over Areas 1A and 1B.
That came after a five-day bench trial by remonstrators who had less of the 65 percent of signature petitions needed to overturn annexation, but more than the 51 percent of signatures required to appeal in court.
The ruling stated the city didn’t introduce evidence of future development citing the city doesn’t “need” the land, it just wants to “right size” the boundaries. The court also considered “best interest” testimony from residents, and understaffing at city police, public works, and transit departments.
What’s at stake for the city
Bloomington Mayor Kerry Thomson has been carrying on the annexation effort since she took office from former Mayor John Hamilton last year.
Thomson said annexation is key to economic development and prosperity to the entire region. She has pointed to studies showing cities that can’t grow go into economic decline.
And she’s concerned that the boundaries will be locked well into the future as annexation necessitates contiguous landmass, so the city would never be able to grow.
Listen to more: Bloomington's Thomson talks homelessness, water accident, annexation
An annexation compromise bill did not move forward in a statehouse committee this year.
What’s at stake for residents
Residents in those areas said they don’t want to be part of the city and fear rising property taxes along with a lack of city service, such as police and road maintenance. They also prefer a more rural area with fewer ordinances and less development.
County officials are worried about losing a tax base for county services such as public health, the sheriff’s office, and county roads.
Read more: County Residents Against Annexation will appeal if judge rules against group
Not just a Bloomington issue
Thomson said any entity that derives power from the state – such as, schools, counties, or townships - should be interested in the constitutionality case.
She wants to know the extent the state can override legally binding contracts.
She said if the decision stands, it sets a precedent that the state can step in any time and interfere with local governance.
Tuesday’s court hearing on statutory requirements is at 10:30 a.m. at the Indiana Court of Appeals. The state Supreme Court hearing on the constitutionality case is Oct. 30 at 10 a.m.
